51qq - The Family and Medical Leave Act (Sec. 31-51qq-1 to Sec. 31-51qq-48)

  1. Sec. 31-51qq-1 - Definitions (See 29 CFR Section 825.800)
  2. Sec. 31-51qq-2 - What employers are covered by the act?
  3. Sec. 31-51qq-3 - In determining whether an employer is covered by FMLA, what does it mean to employ 75 or more employees on October first annually?
  4. Sec. 31-51qq-4 - How is 'joint employment' treated under FMLA?
  5. Sec. 31-51qq-5 - What is meant by 'successor in interest'?
  6. Sec. 31-51qq-6 - Which employees are 'eligible' to take a leave under FMLA?
  7. Sec. 31-51qq-7 - Under what kinds of circumstances are employers required to grant family or medical leave?
  8. Sec. 31-51qq-8 - For purposes of an employee qualifying to take FMLA leave for a spouse, parent of the employee, parent of the employee's spouse, son or daughter, what may an employer require to confirm a family relationship?
  9. Sec. 31-51qq-9 - What does it mean that an employee is 'needed to care for' a family member?
  10. Sec. 31-51qq-10 - For an employee seeking intermittent FMLA leave or leave on a reduced leave schedule, what is meant by the 'medical necessity for' such leave?
  11. Sec. 31-51qq-11 - How much leave may an employee take?
  12. Sec. 31-51qq-12 - If leave is taken for the birth of a child, or for placement of a child for adoption or foster care, when must the leave be concluded?
  13. Sec. 31-51qq-13 - How much leave may a husband and wife take if they are employed by the same employer?
  14. Sec. 31-51qq-14 - Does FMLA leave have to be taken all at once, or can it be taken in parts?
  15. Sec. 31-51qq-15 - May an employer transfer an employee to an 'alternative position' in order to accommodate intermittent leave or reduced leave schedule?
  16. Sec. 31-51qq-16 - How does one determine the amount of leave used where an employee takes leave intermittently or on a reduced leave schedule?
  17. Sec. 31-51qq-17 - May an employer deduct hourly amounts from an employee's salary when providing unpaid leave under FMLA, without affecting the employee's qualification for exemption as an executive, administrative, or professional employee?
  18. Sec. 31-51qq-18 - Is FMLA leave paid or unpaid?
  19. Sec. 31-51qq-19 - Under what circumstances may an employer designate leave, paid or unpaid, as FMLA leave and, as a result count it against the employee's total FMLA leave entitlement?
  20. Sec. 31-51qq-20 - Is an employee entitled to benefits while using FMLA leave?
  21. Sec. 31-51qq-21 - What are an employee's rights on returning to work from FMLA leave?
  22. Sec. 31-51qq-22 - When is the employer obligated to transfer an employee to work suitable to an employee's physical condition?
  23. Sec. 31-51qq-23 - What is an equivalent position?
  24. Sec. 31-51qq-24 - Are there any limitations on an employer's obligation to reinstate an employee?
  25. Sec. 31-51qq-25 - How are employees protected who request leave or otherwise assert FMLA rights?
  26. Sec. 31-51qq-26 - What notices to employees are required of employers under the FMLA?
  27. Sec. 31-51qq-27 - What notice does an employee have to give an employer when the need for FMLA leave is foreseeable?
  28. Sec. 31-51qq-28 - What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?
  29. Sec. 31-51qq-29 - What recourse do employers have if employees fail to provide the required notice?
  30. Sec. 31-51qq-30 - When shall an employee provide medical certification to support FMLA leave?
  31. Sec. 31-51qq-31 - How much information may be required in medical certification of a serious health condition?
  32. Sec. 31-51qq-32 - What may an employer do if it questions the adequacy of a medical certificate?
  33. Sec. 31-51qq-33 - Under what circumstances may an employer request subsequent recertifications of a medical condition?
  34. Sec. 31-51qq-34 - What notice may an employer require regarding an employee's intent to return to work?
  35. Sec. 31-51qq-35 - Under what circumstances may an employer require that an employee submit a medical certification that the employee is able (or unable) to return to work (i.e., a 'fitness-for-duty' report)?
  36. Sec. 31-51qq-36 - What happens if an employee fails to satisfy the medical certification and/or recertification requirements?
  37. Sec. 31-51qq-37 - Under what circumstances may a covered employer refuse to provide FMLA leave or reinstatement to eligible employees?
  38. Sec. 31-51qq-38 - How should records and documents relating to medical certifications, recertifications or medical histories be maintained?
  39. Sec. 31-51qq-39 - What if an employer provides more generous benefits than required by FMLA?
  40. Sec. 31-51qq-40 - Do federal laws providing family and medical leave still apply?
  41. Sec. 31-51qq-41 - How does FMLA affect federal and State anti-discrimination laws?
  42. Sec. 31-51qq-42 - What employers are covered by the FMLA?
  43. Sec. 31-51qq-43 - What can employees do who believe that their rights under FMLA have been violated?
  44. Sec. 31-51qq-44 - What investigation mechanisms does FMLA provide?
  45. Sec. 31-51qq-45 - What are the provisions for resolution and reconsideration prior to a contested case hearing?
  46. Sec. 31-51qq-46 - What procedures govern the contested case hearings?
  47. Sec. 31-51qq-47 - What types of redress may the commissioner order?
  48. Sec. 31-51qq-48 - What are employers required to report to the labor department concerning their experience with the FMLA?

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